blackmail?

[Aquariusfire]

What is the name of your state (only U.S. law)? Texas


What can we do when my daughter's ex-boss refuses to write a letter stating she is unemployed as of Oct. 23? She needs to file for unemployment but he refuses to write such a letter until she pays him for a personal loan which she has mostly paid back. She has a text message telling her she was let go and another one informing her of the refusal. Thanks for your input.

 

[Antigone*]

What is the name of your state (only U.S. law)? Texas


What can we do when my daughter's ex-boss refuses to write a letter stating she is unemployed as of Oct. 23? She needs to file for unemployment but he refuses to write such a letter until she pays him for a personal loan which she has mostly paid back. She has a text message telling her she was let go and another one informing her of the refusal. Thanks for your input.

He is under no obligation to give her any type of letter whatsoever, unless there is some strange law in Texas that I don't know about

 

[commentator]

She can go on and file for her unemployment insurance any time. She does not have to have anything from him. The unemployment office will contact him and request separation information. If he wants this loan back, he will have to sue her in civil court. He cannot use it to keep her from receiving unemployment if she is otherwise eligible. If he simply refuses to provide the unemployment office with information, she could be approved without his input at all. She needs to file at once.

There is a slight little thing that says you are requred to give your employee a separation notice within 48 hours of the separation, but there is not any tooth in this, no real penalties for noncompliance, so the unemployment office works around it.

 

[cbg]

There is a slight little thing that says you are requred to give your employee a separation notice within 48 hours of the separation,

Not in Texas.

Exit Interviews - Notice of Discharge

 

[commentator]

'scuse me. I should have said, "In some states...." they have statutes about it. But since I don't know of anywhere it's strictly enforced, those requirements are for all purposes pretty much useless, except to threaten the employer.

 

[cbg]

Fair enough.

 

[jsmith416]

If he does not return the request for separation info (or whatever the form is called in Texas) then the unemployment office will likely rule in her favor provided there is not some other disqualifying reason. The employer will be able to appeal that, but not repaying a personal loan is not sufficient grounds for denying unemployment. If you can, save the text message. (maybe take a picture of your phone's screen?)